The prosecutor's appeal is dismissed.

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). New circumstances or special changes in circumstances that may be reflected in sentencing after the sentence of the lower judgment do not appear.

The court below seems to have determined the punishment by taking into account the favorable and unfavorable circumstances of the defendant.

It is disadvantageous that the defendant has three times the power of fine due to drinking driving.

A favorable situation is that the defendant reflects, the blood alcohol concentration at the time of drunk driving is relatively high to 0.059%, and the driving distance is only 20 meters, and there is no criminal conviction exceeding the fine.

In addition, taking account of the Defendant’s age, occupation, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence against the Defendant cannot be deemed to be too somewhat somewhat less light than the reasonable limit of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.